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Terms of service
Please read all of the provisions of this Agreement carefully. By agreeing to this Agreement, you indicate that you acknowledge, understand and agree to be bound by these terms and conditions and give your assurance that the information provided is true, accurate and complete.
These Terms & Conditions set out the basis upon which ProtecTour SA will contract with you. You must understand what you are signing and agree to.
Certain clauses have been typed in bold to draw your attention to them. Despite that, all clauses are important.
Please note that there are clauses in these Terms & Conditions that:
- Require you to assume risk and/or limit your rights and/or limit the liability of ProtecTour SA; and
- Require you to indemnify ProtecTour SA; and
- The use of the words “user”, “you” or “your” is a reference to You as set out in the covering page to the agreement.
ACCEPTANCE:
ProtecTour SA reserves the right to amend these terms and conditions from time to time as it may deem fit and will use its best endeavours to provide you with reasonable notice of any changes.
DEFINITIONS:
1.1. Unless it is clear that a different meaning applies, words that describe:
- Any one gender (male or female) is not intended to strictly exclude the other gender or plurals;
- A male or female could also be a reference to a juristic person like a company or a trust;
- This written document, together with any annexures, quotations or schedule is the only record of the agreement between You and ProtecTour SA and any additions or consensual cancellation, variation or substitution of this contract will only be of force and effect if it is signed by You and ProtecTour SA.
- No indulgence that is given to You or that you may give to ProtecTour SA can amount to a waiver of Your rights or the rights of ProtecTour SA simply because there was an indulgence, and it will not be a defence to either You or ProtecTour SA if one of you tries to enforce your rights.
- If any part of the definitions also amounts to a clause that gives You or ProtecTour SA any rights or imposes any obligations, then it will be enforceable even though it is only found in the definitions section.
- When any number of days is set out to do something in this agreement, then the days will begin to run as follows: excluding the first day but including the last day on which the number of days runs out, unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next working day which is not a Saturday, Sunday or public holiday.
- Where figures are referred to in numerals and in words, if there is any conflict between the two, the amount set out in words will be taken as correct.
- Expressions defined in this agreement shall bear the same meanings in schedules or annexures to this agreement if they do not have a separate definition given to them in the schedules or annexures.
- Any reference to an act that You or ProtecTour SA has to perform, will be taken as at the date of signature and as amended or re-enacted from time to time.
- The use of the word “including” followed by a specific example is not intended to be an exhaustive or final list (eiusdem generis rule) and this rule will not be applied in the interpreting a clause in this agreement.
- Unless the context clearly indicates otherwise, the following words and/or phrases will mean what is set out below:
“ProtecTour SA”: means a mobile panic button available on a mobile phone as either a speed dial or a GPS Application where the Locatable User sets up profile information that can be used to enable an emergency response if required;
- “Accuracy”: means the accuracy within which a Locatable Cell Phone may be Located using ProtecTour SA;
- “Charges”: means any and all fees payable by You in connection with ProtecTour SA and Your ProtecTour SA Package subscriptions;
- “Consent”: (means and as set out in the ECT Act - available on our website and if You request a copy from us) means Your consent or the consent ProtecTour SA obtains from Approved Users to have information relating to the Location of a Locatable Cell Phone sent to their cell phone numbers, e-mail address or Data Trigger receivers;
- “Inappropriate Use”: means any use of ProtecTour SA for illegal purposes or for any other purposes (these other purposes may reasonably be determined by ProtecTour SA, from time to time) which cause the violation of the rights and/or dignity of any person or entity (such as a company, trust, organisation), including but not limited to any rights of privacy, any intellectual property rights (which refers to but does not exclude, trademark or copyright), as well as any use that could reasonably be interpreted as defamatory, libellous, offensive, discriminatory or intimidating or use that is expressly forbidden in this agreement;
- “Fair Use”: means the acceptable behaviour of customers who use the ProtecTour SA services.
- “Locate or Located”: means the process of locating a Locatable Cell Phone by using ProtecTour SA;
- “Location”: means the exact GPS position, or the estimated centre of the cell coverage area that is reported by the Locatable Cell Phone GPS;
- “Locatable Cell Phone”: means a cell phone number registered to be located by an Approved User, and which is owned or held bona fide (in good faith, so not stolen or obtained illegally) by a Locatable User;
- “Locating Device”: means, but is not limited to, a cell phone, Personal Computer or Tablet registered with ProtecTour SA by an Approved User and used to Locate the Locatable Cell Phone;
- “Location Request”: means a request submitted by an Approved User to Locate a Locatable Cell Phone;
- “Location Rights”: means the right to Locate a Locatable Cell Phone, which is given to an Approved User;
- “Locatable User”: means the owner or bona fide holder of a Locatable Cell Phone who has consented to their cell phone being Located by the Approved User, and who has subscribed to one of the ProtecTour SA Packages;
- “Approved User”: means a person selected by, Emergency Contact of or Service Provider to the Locatable User, enabled to locate a Locatable Cell Phone and who has registered with and been approved by ProtecTour SA;
- “Emergency Contact”: means a person or persons, who You, the Locatable User, have selected to be an Approved User and receive phone calls, SMSs, e-mail messages and/or Data Triggers, containing personal information, when You make use of the ProtecTour SA service;
- “Service Provider”: means a company or service provider to ProtecTour SA who offers services to You, via the ProtecTour SA service where these could include, but are not limited to, an emergency call centre, security companies, armed response, track and trace, roadside assistance, taxi and or UBER type services and/or emergency medical services;
- “ProtecTour SA”: means ProtecTour SA, a Sole Proprietorship registered in the Netherlands, which has as its registered address, ProtecTour SA, Keizersgracht 520H, Amsterdam, 1017EK, and who provides the ProtecTour SA Services to You;
- “Network Operators”: mean telephonic network operators, including without limitation Vodacom, MTN, Telkom Mobile and CellC as well as any and all other telecommunications networks and/or third-party suppliers involved in providing access to the ProtecTour SA Packages;
- “Username”: means the cell number, of the Locatable Cell Phone user;
- “Date of Registration”: means the date upon which You are entitled to start using ProtecTour SA;
- “Password”: means the unique personal identification password required for the purposes of using ProtecTour SA via the internet, or mobile web cell phone application or other electronic means;
- “Service”: means a Location based service known as ProtecTour SA, which tells an Approved User the Location of a Locatable Cell Phone;
- “Subscription”: means the use of ProtecTour SA by an Approved User to locate the Locatable Cell Phones for an agreed period from Date of Registration, in return for Your payment of the agreed Charges;
- “Website”: means the website with its current address being www.ProtecToursa.com or such other website as may be owned and/or operated by ProtecTour SA in connection with ProtecTour SA from time to time; and
- “You”: means the You and the account holder who has registered for one of the ProtecTour SA Packages;
- “GPS Application”: means the ProtecTour SA web application that You can download to and install on Your Locatable Cell Phone;
- “Data Trigger”: means the information sent from Your mobile phone or the ProtecTour SA Application to the ProtecTour SA service, returned by the GPS Application which allows Your Locatable Cell Phone to be located;
- “Data Receiver”: means the electronic service used by a Service Provider to receive and interpret the Data Trigger;
- “False Alarm”: means when You activate your ProtecTour SA service and a Data Trigger is sent, which results in Service Providers being dispatched to your location without You having an actual emergency;
- “ProtecTour SA Packages”: means the various ProtecTour SA packages that will offer benefits to its users, for example but not limited to, armed and medical response, roadside assistance and the like;
- “Service Fee Payment”: means the payment that You agree to pay for the ProtecTour SA Package that You have subscribed to via the Website or other means;
- “Fair Use”: means that if You activate your ProtecTour SA service and this activation is considered (at the reasonable discretion of ProtecTour SA) to be unfair or abusive, then ProtecTour SA reserves the right to charge You a service fee, that is fair and will be a reasonable compensation for the services offered;
In this Agreement or any of the documents that You are given by ProtecTour SA, where there is a reference to an Act or laws that are passed by the State, or any part of such a law, including laws that apply only in a particular province or where You live, then please note that ProtecTour SA means the latest version of that Act or law with all its amendments and changes over time.
1. SERVICE TO BE SUPPLIED
1.1. In exchange for the Service Fee Payment that You make, ProtecTour SA agrees to provide the relevant ProtecTour SA Package to You. Please note at all times that ProtecTour SA provides the ProtecTour SA Package to You on the basis of what is contained in these terms and conditions.
1.2 You understand that by subscribing to ProtecTour SA through either the Website or other electronic means, You agree to allow ProtecTour SA to Locate You via the Data Trigger as explained above to Locate the Locatable Cell Phone and provide its Location to ProtecTour SA. ProtecTour SA may then provide that Location to the Approved Users, if a valid request has been received from the Locatable Cell Phone and if the Approved User/s has given their Consent to receive a phone call, Data Trigger, SMSs and or e-mail from the Locatable Cell Phone.
It is therefore important for you to understand that in order to make use of ProtecTour SA:
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You have to give Your consent,
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You have to send a valid Data Trigger,
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You have to have Approved User/s that You want to receive the Data Trigger,
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Your Approved Users must know that You want them to receive the Data Trigger and they must agree to receiving the Data Trigger, voice call, SMS and/or email to tell them where the Locatable Cell Phone is.
1.3. In making use of ProtecTour SA, You hereby acknowledge, understand and accept that ProtecTour SA does not work for the Network Operators, nor do work on behalf of the Network Operators and/or other Service Providers. What this means is that You and ProtecTour SA are contracting with each other as the two main parties.
2. YOUR WARRANTIES (ASSURANCES) AND OBLIGATIONS
2.1. You, give the assurance / promise that You are at least 18 years old. You, also give Your Consent as may be necessary for ProtecTour SA to verify/check and confirm this information with the appropriate authorities If You are under the age of 18 years old then You must ask your legal guardian (parent, carer) to give consent for You to subscribe to and make use of the ProtecTour SA services and You agree that ProtecTour SA has the right to verify/check and confirm this information.
2.2. You give the assurance/promise that You are the owner or bona fide holder of the Locatable Cell Phone. You also agree and consent that ProtecTour SA has the right to verify/check and confirm this information with the appropriate companies/entities.
2.3. You, agree to comply at all times with everything that is written in these terms and conditions, about Your use of ProtecTour SA.
2.4. You must remember that Your password is personal to You and must not be shared and cannot be given to anyone else. As such You must not disclose/tell/share Your password with any other person or allow any other person to use ProtecTour SA using Your Password.
2.5. You also agree and consent to be Located by the Network Operators and/or ProtecTour SA application and/or ProtecTour SA and for any information about Your Location to be communicated/shared/sent to the Approved Users that You have chosen.
2.6. You agree that ProtecTour SA will inform each of the Approved User/s that You have chosen that You wish for their cell phone numbers, e-mail addresses and/or Data Trigger to be registered with ProtecTour SA. Please note that You are solely responsible to ensure that any Emergency Contact and/or Approved Users gives his/her Consent for him/her to receive a phone call, SMSs, e-mail or Data Triggers about the Location of the Locatable Cell Phone, before ProtecTour SA services being made available in respect of such Locatable Cell Phone. ProtecTour SA shall not be liable if any Emergency Contact and/or Approved User does not give their consent. All professional Service Providers to ProtecTour SA will automatically approve such consent.
2.7. You agree that ProtecTour SA will not be available to You and You will not be able to use any Emergency Contact and/or Approved User until they have given his/her Consent to receive SMSs, e-mail and or Data Triggers for the Location of the Locatable Cell Phone.
2.8. You understand and acknowledge that all Emergency Contact and/or Approved Users have the right to withdraw their Consent at any time and that if they do, ProtecTour SA will have no choice but to honour their request with immediate effect.
2.9. You agree that if there are any costs because one of Your Emergency Contacts and/or Approved User withdraws his/her Consent or any attempt on the Approved Users behalf to make any claims against ProtecTour SA because they did not want to be an Approved User, that you will be responsible for all those costs.
2.10. You agree to inform ProtecTour SA of any changes to any and all information that it has about You and/or any Emergency Contact and/or Approved User. You are responsible for any changes to this information if they can be updated on the ProtecTour SA web site under Your logged-in profile. You give ProtecTour SA the assurance that all information which You have provided is both true and correct.
2.11. You acknowledge that ProtecTour SA services are only valid within the Republic of South Africa and do not work outside the country.
2.12. You acknowledge and accept that ProtecTour SA does not guarantee the accuracy of ProtecTour SA and ProtecTour SA will not be liable if there is a lack of accuracy or how effective the service is, unless this is the result of ProtecTour SA gross negligence.
2.13 You, acknowledge and accept that availability, quality and coverage of ProtecTour SA may be limited from time to time. ProtecTour SA may from time to time be unavailable and/or whether it is working may be affected by several factors, some of which are Your cell phone settings, physical features such as buildings and underpasses, atmospheric/weather conditions or general lack of access to the voice or data services of the Mobile Network Operator your locatable cell phone is connected to, and other general causes of interference that are not within ProtecTour SA control.
2.14. You acknowledge and accept that ProtecTour SA cannot guarantee that the Service Providers of ProtecTour SA will always have their services available, and that this is beyond ProtecTour SA control. Taking this into account You acknowledge and accept that the availability, quality and coverage of the ProtecTour SA Service Providers may be limited from time to time and that services offered by the ProtecTour SA Service Providers may be unavailable or affected by a number of factors, such as physical features such as the location of the emergency, traffic, weather conditions and other general causes. These services are therefore provided on a best effort basis although every effort will be made to provide the best service possible.
2.15. You agree that when using ProtecTour SA package You will only add family and friends as your Emergency Contacts and that You will not add any emergency services, such as Security Companies, Neighbourhood Watches, Emergency Medical Services, Tracking Companies or any similar emergency services. Please be aware that if you do this, it will be deemed an Inappropriate Use. If it is found that You are adding emergency services as Emergency Contacts then ProtecTour SA will, at their sole discretion disable Your ProtecTour SA services.
2.16. You agree to pay ProtecTour SA and/or the ProtecTour SA Service Providers all amounts due in terms of this Agreement and the related ProtecTour SA Packages that You have subscribed to.
2.17. You agree to pay a response service fee to ProtecTour SA should it reasonably deem this to be necessary, and this may also include a fee resulting from a false alarm and/or Unfair Use, without prejudice (meaning without taking away any rights) to any other rights that ProtecTour SA may have in terms of this Agreement. Instances where a fee could be charged could include but not be limited to the following, “prank” calls, or false alarms, generated by You which we would see as “unfair” use where ProtecTour SA would have to cover these costs to service providers unnecessarily. An example would be ambulance, fire, SAPS, armed response, roadside, UBER, taxi or other forms of assistance and rescue services.
2.18. You agree to pay the extra charges or charges for work done by police, fire or other authorities, medical service providers, armed response service providers, or by any other party who is not covered by this Agreement. You would be given a quote for these services, written if time allows or alternatively verbal and you will have the opportunity to either accept or decline this quote.
2.19. ProtecTour SA is on a month to month pre-paid agreement basis.
2.20. You agree that ProtecTour SA will not accept any alterations made to this Agreement by You.
3. OBLIGATIONS OF ProtecTour SA
3.1. ProtecTour SA shall supply the ProtecTour SA Service, to You, subject to the terms and conditions of this Agreement.
3.2. Following Your successful user registration for the ProtecTour SA Service, ProtecTour SA will open an account for You.
3.3. ProtecTour SA may provide You with support, via the Website, WhatsApp, cell phone application, in connection with ProtecTour SA during normal business hours.
3.4. ProtecTour SA reserves the right to not inform any Approved User of the Location of a Locatable Cell Phone, in its sole and absolute discretion, and shall not be held liable in any manner whatsoever to the User or any Approved User, or any other party whatsoever in such regard. ProtecTour SA will, on request, provide the reason why said Location was not provided but an example of when this might happen could be a domestic matter which has escalated and You go “missing” but you have intentionally not let the Approved User know your whereabouts and if that is suspected to be the case, ProtecTour SA will not pass the information across to the Approved User, without Your consent;
3.5. ProtecTour SA and or the ProtecTour SA Service Providers do not warrant (promise or give the assurance) that any Locatable Cell Phone is capable of being Located by means of ProtecTour SA and shall not be held liable in any manner whatsoever to You or any Approved User, or any other party whatsoever in such regard. It is therefore very important for You to ensure that Your cell phone or device does work with the ProtecTour SA service, and if you change your phone or device, You must check that it works and inform ProtecTour SA if there is a problem in this regard. This notification can be provided via the support option in the ICEplus app or via the support service on our web page www.ProtecToursa.com ;
4. CONSENT TO RECEIPT OF COMMERCIAL COMMUNICATIONS
4.1. By registering for ProtecTour SA, You agree and consent to being contacted by ProtecTour SA from time to time with regard to new products and/or services that may be offered by ProtecTour SA, from time to time. You may opt out at any time by contacting ProtecTour SA via www.ProtecToursa.com
5. CONSENT OF THE LOCATABLE USER
5.1. Despite what is set out in clauses 2.5, 2.6, 2.7 and 2.8 above, ProtecTour SA will send SMS, e-mail and/or a Data Trigger and, on Your behalf, contact Your Emergency Contacts and Service Providers, using the information that You provide to ProtecTour SA when You register and set up Your ProtecTour SA profile and invite to them to register as Approved Users and provide their Consent to receive a phone call,SMSs, e-mail and Data Triggers about the Location of the Locatable Cell Phone. ProtecTour SA shall not be held liable if any of Your suggested Approved User/s do not give their Consent. Service Providers who have an agreement with ProtecTour SA already will provide their consent automatically.
5.2. Emergency Contact and/or Approved Users will be given the option to opt out of ProtecTour SA at any time.
5.3. ProtecTour SA will comply with all requests submitted by Your Emergency Contact and/or Approved Users to withdraw from ProtecTour SA and shall notify You of such withdrawal.
6. FAIR USE POLICY AND ACCEPTABLE USE OF THE ProtecTour SA SERVICES.
6.1 Fair Use Policy
6.1.1 This Fair Use Policy outlines what is considered abuse and the acceptable and/or unacceptable behaviour of Users (this means You) utilizing the ProtecTour SA services.
6.1.2 This Fair Use Policy allows ProtecTour SA to maintain the quality and reliability of its services as well as to provide fair use of the ProtecTour SA services to all Users. Abuse of this Fair Use Policy may impair (harm or damage) the ProtecTour SA services and the ability of other Users to rely on the ProtecTour SA in an emergency.
6.1.3 ProtecTour SA reserves the right, in terms of this Fair Use Policy, to charge for services and / or take action to prevent improper, excessive or abusive use of the ProtecTour SA services. Such action includes, amongst other things, charging a fee, suspension or even deactivation of a User’s ProtecTour SA services, if it turns out that Your usage was excessive, false, fraudulent or in contravention of the law.
6.1.4 Users with active ProtecTour SA services shall be able to create what are called ProtecTour SA Location Request activations. In order to manage the fair use of the ProtecTour SA services for all users, You will only be allowed 5 Location Request activation per month, and where a User requires a legitimate Service Provider (medical response, security) to be sent to his/her location You will be allowed as many Location Request activations as may be required, this will apply for the duration of the agreement. . This DOES NOT indicate that, in a genuine emergency that ProtecTour SA will not dispatch a Service Provider because ProtecTour SA will respond to all active ProtecTour SA Users emergencies, but we reserve the right to act as described in 6.1.3 above, in cases of abuse.
6.1.5 Should a User exceed the fair use value, as detailed in clause 6.1.4 above, then ProtecTour SA, at its sole discretion, can suspend the User’s ProtecTour SA services and/or cancel the ProtecTour SA agreement.
6.1.6 ProtecTour SA further reserves the right to use other measures and controls to ensure that the reliability of its services are maintained, and these may be measures such as but not limited to:
6.1.6.1 ProtecTour SA monitoring any misuse of the Service by a User and when a User does not comply with this Fair Use Policy;
6.1.6.2 ProtecTour SA is allowed to investigate the details of any emergencies which may require interviewing Service Providers and eyewitnesses or others who may have information that is important;
6.1.6.3 allowing ProtecTour SA to prioritize (make decisions about how important) certain Location Request and/or emergency activations, over any other activations which are, in ProtecTour SA’s reasonable discretion, of a higher priority (such as a hijacking in progress compared to a roadside breakdown in a safe area);
6.1.6.4 in essence, this allows ProtecTour SA to make decisions about the importance or urgency of responses with the goal of improving service to all ProtecTour SA customers.
6.1.7 This Fair Use Policy can be changed by ProtecTour SA, in order to clarify, alter, add to or delete certain terms and conditions. This will be done according to the Modification of Terms and Conditions, and will include notice being provided to You.
7. COSTS
7.1. See tariffs schedule available at www.ProtecToursa.com or by contacting ProtecTour SA at www.ProtecToursa.com or via our WhatsApp channel or mobile web app, where you will have access as a registered user.
7.2. All Charges are inclusive of VAT and subject to change from time to time.
8. INDEMNITIES AND LIMITATION OF LIABILITY
THIS IS A VERY IMPORTANT PART OF THIS AGREEMENT – PLEASE READ CAREFULLY AND ASK FOR HELP IF YOU DO NOT
UNDERSTAND ANY PART OF THIS CLAUSE.
8.1. ProtecTour SA (which includes any of its affiliates/partners in business, Service Providers or any of their respective shareholders, directors, employees or agents) will not be liable to You, or to any Locatable User or any third party whoever they may be in any manner whatsoever for any losses, expenses, costs or damages of whatsoever nature that may be incurred or suffered by You or any Locatable User or any third party, whether the losses, expenses or costs or damages are direct or indirect, because of your usage of ProtecTour SA or if for any reason ProtecTour SA services are not available, or in any other manner whatsoever in relation to ProtecTour SA, unless the losses, expenses, costs or damages that are suffered are because of the gross negligence of ProtecTour SA.
Please note that what this means is that You, indemnify (hold harmless) ProtecTour SA which includes its affiliates, Service Providers as well as all of their respective shareholders, directors, employees or agents and together they are referred to as the “Indemnified Parties”, and You will keep such Indemnified Parties harmless (blame free) at all times unless it is proven that ProtecTour SA or the Indemnified Parties were guilty of gross negligence, as against any and all liability, loss (including consequential loss), costs and/or damages no matter how they come about and may be suffered by You, or any Locatable User, or any third party because of or connection with ProtecTour SA.
8.2 To the fullest extent permitted by Law, and not withstanding any other provision of this Agreement, the total liability of ProtecTour SA (and / or its directors and partners for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including legal fees and costs and expert witness fees and costs shall in no circumstances exceed €100,000 (One Hundred Thousand Euro).
8.3 Despite anything to the contrary in this Agreement, that ProtecTour SA shall not be liable to You, the user, for any consequential loss or damage which may be suffered in connection with the Services, save that this sub-clause shall not limit the liability of either Party in cases of fraud, deliberate default, illegal or unlawful acts or omissions, or reckless misconduct.
9. TERM & TERMINATION
9.1. ProtecTour SA reserves the right to discontinue or amend or alter any of the ProtecTour SA Service and / or Packages or any part thereof at any time, but assures You that it will give you reasonable, adequate notice of the need to do any of these things.
9.2. If you breach (do not follow or go against any assurance you have given) any of the terms or conditions of this Agreement, and you do not rectify or put right any breach that you commit, within 5 (five) days after ProtecTour SA gives you notice that you are in breach, then Your subscription may be terminated by ProtecTour SA after an additional 5 (five) day notice period unless the situation and breach calls for and justifies summary termination in which case termination will be immediate after the first 5 days.
9.3. ProtecTour SA will notify You and / or all Approved Users in the event of such changes and / or termination.
10. GENERAL
10.1. The failure by ProtecTour SA or You, to exercise any of your rights and/or any delay by ProtecTour SA or You in exercising any right, power, or privilege that either of you may have in terms of these terms and conditions shall not operate as a waiver (abandonment) of such right, power, or privilege, nor shall any single or partial exercise of any such right, power or privilege prevent/stop any other or further exercise of same, or the exercise of any other right, power or privilege.
10.2. If any provision of these terms and conditions is found by any competent authority (such as a Court) to be invalid or unenforceable in whole or in part, then this will not automatically mean that the other provisions of these terms and conditions are also affected.
10.3. ProtecTour SA is intended for Tourists visiting the Republic of South Africa only. These terms and conditions shall be governed by and interpreted according to the laws of the Netherlands.
10.4. Please note that these terms and conditions form the only agreement as between You and ProtecTour SA in relation to the ProtecTour SA services and your relationship with each other.
10.5. Any complaints and queries which You may have should be directed to our customer service division at info@ProtecToursa.com or via our WhatsApp channel or as specified on the Website from time to time. If the complaint cannot be resolved within 10 (ten) working days after having been referred to the customer service division, the dispute will be referred to arbitration, in terms of the rules of the Arbitration in the Netherlands.
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